P.A.K. TRANSPORT, INC. v. UNITED STATES

No. 79-1188.

613 F.2d 351 (1980)

P.A.K. TRANSPORT, INC., Petitioner, v. UNITED STATES of America, Respondent, Interstate Commerce Commission, Intervenor, Respondent, Currier Trucking Corporation, Intervenor.

United States Court of Appeals, First Circuit.

Decided January 23, 1980.


Attorney(s) appearing for the Case

R. Peter Decato, Lebanon, Ohio, with whom, Decato & Cirone, P. A., Lebanon, Ohio, was on brief, for petitioner.

Robert Lewis Thompson, Atty., Dept. of Justice, Washington, D. C., with whom, John H. Shenefield, Asst. Atty. Gen. and John J. Powers, III, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondent, United States of America.

Denise M. O'Brien, Atty., I.C.C., Washington, D. C., with whom, Robert S. Burk, Acting Gen. Counsel and Frederick W. Read, III, Associate Gen. Counsel, Washington, D. C., were on brief, for intervenor, respondent Interstate Commerce Commission.

Wesley S. Chused, Boston, Mass., with whom, Weiner & Chused, Boston, Mass., was on brief, for intervenor, Currier Trucking Corp.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, CLARKE, District Judge.


CLARKE, District Judge.

P.A.K. Transport, Inc. (hereinafter "P.A.K."), a carrier subject to regulation by the Interstate Commerce Commission (ICC), was subjected to an ICC investigation commencing in March 1976. P.A.K. had certificates permitting it to haul junk, salvage, scrap, or waste materials from and to various points in New England and New Jersey. P.A.K. had hauled scrap slabs, edgings, and cuttings from sawmills in New England for many years pursuant to its...

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